HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12542 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and Shri Ranjeet Pratap Singh, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. Supplementary affidavit filed by learned counsel for the applicant is taken on record. In the prosecution case, it is alleged that on 03.11.2025, the complainant’s brother, Manish Singh, a potato trader operating at Mohanganj Tiraha, was abused and assaulted by the accused persons acting in furtherance of their common intention. It is alleged that on the exhortation of the present applicant along with a co-accused, one of the accused assaulted the victim with a sharp-edged weapon, as a result of which he fell unconscious, while another accused inflicted injuries with an iron rod. It is further alleged that the accused persons are influential criminals who habitually extort money from shopkeepers, including the victim, and that the incident was witnessed by several persons present in the market. Learned counsel for the applicant submits that in both the FIR and the prosecution version, the role attributed to the applicant, out of the four named accused, is limited only to exhortation. The injured, in his statement, initially attributes the role of exhortation to the applicant; however, in the latter part of the statement, only a general and omnibus role has been Versus Counsel for Applicant(s) : Manjeet Singh, Poonam Singh Counsel for Opposite Party(s) : G.A. Shiv Prasad Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And .....Opposite Party(s) assigned to the accused persons. It is further submitted that the injuries sustained by the injured have been opined to be simple in nature, and the X-ray report does not reveal any abnormality. There is no independent witness to any alleged recovery from the applicant. Learned counsel for the applicant has also drawn the attention of the Court to the interim order dated 17.11.2025 passed in Criminal Misc. Writ Petition No. 10729 of 2025, Raghvendra Singh @ Pintu and another v. State of U.P. and others, whereby the authorities were directed not to take any coercive action against the co-accused, namely Raghvendra Singh @ Pintu and another. It is further contended that the remaining accused is a juvenile who has already been granted bail by the Juvenile Justice Board, and the said bail order has been brought on record by way of a supplementary affidavit. It is submitted that the case of the applicant stands on parity with that of the co-accused Raghvendra Singh @ Pintu. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Having due regard to the order passed by the Division Bench of this Court indicating that the injuries sustained by the injured are simple in nature; the general nature of allegations made in the prosecution case; and the fact that the applicant is in judicial custody since 04.11.2025, this Court finds the present case to be a fit one for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Shiv Prasad Singh, involved in Case Crime No.0316/2025, Under Sections: 109(1), 352, 351(2), 308(2), 118(1) BNS (Old Sections 307, 504, 506, 384, 324 IPC respectively), Police Station-Kotwali Dehat, District - Pratapgarh, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; BAIL No. 12542 of 2025 2 (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 18, 2025 R.C. BAIL No. 12542 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench